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14 March 2019 | Story Opinion Article by Prof Francis Petersen | Photo Sonia Small
Prof Francis Petersen
Prof Francis Petersen, Rector and Vice-Chancellor of the UFS.

2019 is the year of the national general elections in South Africa – 8 May is when South Africans will have an opportunity to vote and to impact change, hopefully for the better.  But the beginning of 2019 saw the resurfacing of student protests, mainly driven by issues of registration, challenges associated with the National Student Financial Aid Scheme (NSFAS), student accommodation, safety of students (off-campus), insourcing, and various other issues influenced by local institutional context.
  
Challenges for university vice-chancellors

Our Constitution promotes protest, but emphasises the peaceful nature thereof, and that it should not infringe on the rights of others or damage property.  However, the protests experienced by the majority of higher-education institutions in South Africa in 2019 was exactly the opposite – disruption of classes, intimidation and victimisation, disrespect and often destruction of property.  A notion or approach of almost entitlement, even if the university management was willing to engage and was constantly open to assess ways and means to resolve these issues.  The drive for these protests was short-term gains, totally divorced from the long-term implications on the institution’s welfare.  This puts the university management under enormous pressure, sometimes feeling exposed and alone in ensuring that the institution remains sustainable – financially, as well as from an infrastructure and human resource perspective.

There is no doubt that the upcoming elections are used for political lobbying, tactical manoeuvring, and undermining to demonstrate political muscle – all playing out on our university campuses and to be managed by university vice-chancellors (VCs) and their executives.

Are universities not the pillars of knowledge in society, the providers of human capital and new knowledge to ‘lubricate’ our economy, the delivery of the next generation of professionals who will shape how our society, or a new South African citizenship should look like?  If this is the case, who are protecting our universities, who is standing with our VCs and university executives to ensure that our universities remain the beacon of hope for generations to come?  What is expected of VCs and university management in situations where there is a continual push for more, and if the response is not positive or immediate, protests, and in most instances violent and criminal behaviour. My personal view is not to securitise or militarise our campuses, but to resolve these issues through continuous engagement – but what if protests becomes violent and criminal?  What if disruptions challenge or threaten students, staff, infrastructure, and the academic project?  Student leaders seem to have forgotten the engagement with university leadership through a principle of ‘give and take’, always balancing short-term wins with the long-term sustainability and growth of the university.

Although universities often have their own internal disciplinary processes, these are slow, and the transgressors are often repeat offenders.  The sanctions are also in many cases restorative – which I believe it should, but to what end?

Help needed to ensure sustainability of universities 

We have seen how weak leadership, corrupt practices, and inadequate government funding have had a detrimental effect on the overall state of universities in the rest of the continent.  This has led to the outflow of excellent academics from the continent to elsewhere on the globe – a loss for the university and the continent!  Universities, although resilient, are also fragile as a system.  The protests associated with the #Rhodes and #FeesMustFall movements, together with the continued protests in 2019, run the risk of putting South African universities on a similar trajectory.  A fragile university system, when broken, will take decades to be restored.

Therefore, if universities are important institutions for society and the country, should there not be more concerted efforts from government and society to ensure that our universities remain strong and competitive? Although I do not offer a specific solution per se, should government, together with university leadership, staff, and students not be more vocal, thinking of a mechanism to curb and/or disallow immediate disruptions and the breakdown of infrastructure, and show visible support to university leadership in an effort to continue the academic project?  Our universities are performing extremely well against global counterparts, keeping in mind the current (and the past 10 years) South African economic growth and investment constraints with respect to infrastructure, research, and high-level scientific equipment – even a more critical argument to protect these national assets.

Academic project remains crucial

I am not for a moment belittling the issues raised by students and student leaderships – in fact, most, if not all of these issues, are legitimate.  I can understand the frustrations of the students – the slow pace of transformation, social integration, and often the lack of urgency in executing agreed decisions within the higher-education sector.  However, I am questioning the type of reaction or action exhibited by the students if, for similar legitimate reasons (through proper engagements), student demands cannot be completely met by university leaders.

In the final analysis, South Africa needs strong universities which are competitive – the country needs appropriate skills to enable and support the economy.  Also, universities need to listen to the student voice – deal with their concerns in a fair and socially-just manner; but as a sector with all its stakeholders, we need to ultimately respect the academic project and the infrastructure (physical and human) which support it.  We cannot afford party-political dynamics to ‘abuse’ the university campus in a way that can destroy the fibre of our higher-education system.  This will be catastrophic for South Africa, and I believe for the continent.

I call on government, voices in society, fellow students, student leadership, and staff to support university management openly, pro-actively and firmly, so that our universities remain places of intellectual engagement and discovery, places where different views are respected and heard, and by ‘jealously guarding’ the institutions as ‘country resources’, responding to all stakeholders’ concerns in a fair and just manner.

It is only then that universities ‘regain’ their rightful place in society, educating the next generation of scholars and professionals, advancing new knowledge, and purposefully disseminate and apply these to society – contributing to ‘lubricating the economy’ and to the betterment of the quality of life of our people! 




News Archive

Workplace discrimination and unfair practices explored in new book
2017-09-13

 Description: Denine read more Tags: Denine Smit, Labour law, employee relations, bullying, vulnerability, research, Damain Viviers 

Dr Denine Smit
Photo: Supplied

Two law scholars, Dr Denine Smit and Dr Damian Viviers, from the Faculty of Law at the University of the Free State (UFS) recently launched a book titled Vulnerable Employees, which was inspired by their interest in researching, creating awareness and providing a legal exposition in relation to employees who are vulnerable and experience prejudice and dignity violations in the workplace. These include workplace bullying, appearance-based discrimination, those who are gender fluid or have mental-health conditions.
“Dr Viviers, who is also a former student of mine, and I, have been working together for years and share a common understanding in relation to our various topics of interest. We often share the same train of thought. This is how we came to work together to produce this book,” said Dr Smit.


Research focused on employee challenges in the workplace

The book expands on the field of knowledge regarding certain categories of employees who, as a consequence of various mutable, immutable and semi-immutable characteristics, as well as behavioural experiences, are rendered vulnerable in their employment relationships. The book draws on various social, psychological and other empirical considerations, as well as comparative legal research from foreign and international law, in order to expand on the legal position under the South African legal framework governing these conditions. While the book first and foremost constitutes a compendium of research to be used for this purpose, it also serves as a practical guide for all legal practitioners, human resources managers, other labour stakeholders and the judiciary.

Book draws strength in other academic fields
Vulnerable Employees was launched on 28 July 2017 at the UFS library, to an audience of academics and students, with a panel discussion made up of the authors and two other panellists. One of the panellists was Dr Katinka Botha, a leading psychiatrist in the Free State who has a wealth of experience in this field. “Her selection as a panellist was motivated by the various significant inter-disciplinary considerations and intersections between psychology, psychiatry and law, contained in the book,” said Dr Smit. 
“Dr Botha’s expertise was invaluable in shedding light on mental-health considerations during the panel discussion.” 
Mr Lesley Mokgoro, the other panellist, is a leading labour law practitioner, as well as director and head of the Dispute Resolution Practice Group at Phatshoane Henney Attorneys. “His years of experience working with all role players in the employment domain, as well as his extensive legal knowledge and expertise, made him uniquely qualified to serve on the panel and deliver an opinion of the practical and academic value of the book,” said Dr Smit.


Workplace policies key to securing employee rights

There are a number of growing trends in the workplace that could shape the practice of labour law or workplace policies. Dr Smit said the need for employers to regulate workplace culture, particularly in relation to bullying, harassment and unfair discrimination, in line with the South African legal framework, was a fundamental need in all workplaces. Effective workplace policies may be used to clearly outline the relevant “dos and don’ts” to employees, as well as the procedures and processes that may be followed in order to address such conduct. Workplace policies serve to advance legal certainty and efficiency, since the rights and obligations of all role players are clearly demarcated, or should be, in terms of a well-drafted and considered policy. 
The book is one of several publications produced by Dr Smit in collaboration with Dr Viviers on the topic of workplace discrimination and the law. The two scholars are working on another book to be published at the end of 2017.

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